(b) Approval for an exemption must be obtained prior to the initiation of any project listed below:

1. (1) A person who owns or leases real property may use five hundred (500) or less tires:

   1. (A) For soil erosion control;
   2. (B) For drainage improvements; or
   3. (C) To secure covers over:

(i) Silage;

1. (ii) Hay;

   1. (iii) Straw; or

      1. (iv) Agricultural products;
2. (2) The use of shredded waste tires as leachate collection media under solid waste landfills in place of traditional aggregate if the proposed alternative end use is approved during the permitting process or subsequent modifications;
3. (3) The use of shredded waste tires in on-site waste water soil absorption systems in place of traditional aggregate if the shredded waste tires meet Department of Health specifications and guidelines;
4. (4) The use of shredded waste tires, baled tires, or crumb rubber in road or highway construction projects if alternative end-use projects are conducted by, in association with, or under the guidance of the Arkansas Department of Transportation or other roadway authority, as applicable; and

5. (5) Suitable processed tire materials may be used in the construction of daily and intermediate cover systems for all landfills if the use is:

   1. (A) Authorized by the Department of Energy and Environment;
   2. (B) Shown to not present a threat to human health and the environment; and

   3. (C) Shown to control:

      1. (i) Disease;
      2. (ii) Vectors;
      3. (iii) Fires;
      4. (iv) Odors;
      5. (v) Blowing litter; or
      6. (vi) Scavenging.